Product Liability & Toxic Tort

“Not many people consider a law firm as being cost effective, but that has been my experience with Nelson, Kinder.  Their management of our product liability account has brought order and control to a chaotic and chronically expensive process.  They corralled our liabilities, provided the weapons required to combat them, and effectively managed them to significantly reduce our exposure and expense.”  

-President, Manufacturing Corporation

The value of working with NK+M: Manufacturers and others in the chain of production and sales of manufactured goods look to our Product Liability Defense Group for protection and advice. By combining specialists in litigation, product safety, regulatory issues, intellectual property, environmental law, and business organizations, the Group is able to address any product-related concern that arises at any point in the history of the product. 
Members of our group have handled local, regional and nation-wide litigation involving products, from chainsaws to vaccines, including:
 
  • Investigation of product claims, releases and accidents;
  • Co-ordination of emergency responses to catastrophic losses such as gas explosions, major fires, and chemical spills;
  • Defense of product liability and toxic tort claims in state and federal courts throughout New England;
  • National co-ordination of the defense of product claims and class actions, with the goal of setting strategies, executing defense plans, and controlling costs;
  • Representation before CPSC, EPA, OSHA and other State and Federal administrative agencies;
  • Pro-active avoidance of potential claims and control of risks  in defensive product design, warnings formulation, and manufacturing process review;
  • Investigation, documentation, and defense of environmental claims and regulatory inquiries;
 
With NK+M Case/Desk®, you have 24/7 access to your information:
  • Instant online access to information about your case, over a secure internet connection.
  • Quickly send comments directly to NK+M attorneys associated with your case.
  • Track communication between client and counsel, and counsel and others.
 
Our case experience has included the defense of such products as:
  • Power tools, including table saws, drills, log splitters, lawn mowers, chain saws, circular saws, and brakes; 
  • Industrial equipment, including powered brooms, paper and fabric processing machines, autoclaves, pressure vessels, injection molding equipment, lathes, printing presses, looms, box making machines, presses, automated welding and painting equipment, air compressors, powder coating systems, and dust collection equipment; 
  • Industrial chemicals, chemical handling equipment, flammable cooking oils, and safety products and systems used in the chemical industry, particularly with regard to occupational and public exposures; 
  • Transportation products, including automobiles, trucks and rail vehicles, pneumatic and hydraulic braking systems, steering components, LRV control and safety systems, split rims, tire mounting equipment, off-road vehicles, motorcycles and snowmobiles;
  • Medical substances, devices and equipment, including operating suite control systems, respiratory therapy machines, x-ray imaging equipment and processing systems, surgical microscopes and lasers used in dermatological procedures and treatments, artificial vascular prostheses, hip prostheses, breast implants, blood products, medications and vaccines; 
  • Household appliances, including coffee makers, toasters, washers and dryers, refrigerators, vacuum systems, HVAC equipment, water heaters, batteries, and wiring and plumbing components; 
  • Recreational and consumer products, including firearms, cigarettes, sporting goods, swing sets, skis, football helmets, bicycles, ATVs, and boats;
  • Construction products, including material handling equipment, scaffolding, staging, powder actuated tools, safety harnesses and safety climbing equipment, man lifts, cranes, booms, pile drivers, elevators, escalators, welders, torches, tractors, road levelers, and dump trucks; 
  • Energy products and equipment, including high voltage transmission and distribution equipment, transformers, switching equipment, line insulation, propane and natural gas products, flammable gas cylinders and tanks, lines, regulators, valves, and fittings, generating plant turbines, boilers, plant safety systems, generating site discharges and releases, and  underground systems; 
  • Laboratory and scientific equipment, including gas fired burners, ducting systems, fire suppression systems, and chemical handling and storage systems
Our outstanding record of achieving superior results in these cases is derived from a comprehensive understanding of the clients’ products, an organized and creative plan of defense developed cooperatively with the insured and the carrier, and determined execution of that plan.
 
The Product Defense Group has over 100 years of collective products and environmental defense experience. The group is a combination of the best of the traditional “company lawyer”, who understands your business and your industry, and the “new lawyer”, who uses technology and science to marshal your defense.